Ondo State House of Assembly has declared that a court order halting its planned probe of some allegations leveled against the Deputy Governor, Mr. Lucky Aiyedatiwa would not stop it from carrying out its legislative functions.
It therefore directed its lawyers to probe the injunction restraining it from probing the allegations against the Deputy Governor saying; “The House has directed its team of Lawyers to investigate the purported injunction secured by the Deputy Governor and report any judicial officer who might have abused his office in granting the unconstitutional ex-parte injunction to the appropriate institution for necessary disciplinary action.”
An Abuja Federal High Court had on Tuesday, restrained the assembly from impeaching the Deputy Governor over alleged gross misconduct.
Justice Emeka Nwite, had made the ruling following ex-parte motion filed by Aiyedatiwa’s counsel, Mr. Kayode Adewusi.
Also, the judge restrained Governor Oluwarotimi Akeredolu from nominating a new deputy governor and forwarding same to the assembly for approval pending the hearing and determination of the substantive matter.
Justice Nwite held that after listening to Adewusi, he was of the view that the interest of justice would be met by granting the application.
According to him: “Therefore, the application of the applicant succeeds.”
However the assembly insisted that despite the court order, it would still go ahead to perform its legislative functions.
A statement on Tuesday by the assembly’s speaker, Rt Hon Oladiji Adesanmi, said the house would strictly follow due process of law as outlined in Section 188(1) – (9) of the Constitution.
It said the impeachment notice served the Deputy Governor outlined 14 specific allegations of gross misconduct which he is required to respond within 7 days from the day of being served.
The allegations encompassed financial mismanagement, misuse of authority with potential harm to the Ondo state government, and publicized statements in the print media that tarnished the Governor’s reputation.
According to the statement: “The House is not unaware of media reports that His Excellency, the Deputy Governor, has rushed to Court to stop the impeachment process. Media reports even claim he has secured an injunction from a certain Judge of the Federal High Court sitting in Abuja to halt the process.
“The House is shocked that rather than wait to be served with notice of the allegation of gross misconduct, and react to same as required by the Constitution, the Deputy Governor has been running from pillar to post and filing multiple suits in both at the Abuja Division of the Federal High Court and the Ondo State High Courts in a bid to stop the legislative process.
“For the avoidance of doubt, the House is fully conscious of Section 188 (10) of the Constitution which clearly states that “No proceedings or determination of the panel or of the House of Assembly or any matter relating to such proceedings or determination shall be entertained or questioned in any court.
“The House has directed its team of Lawyers to investigate the purported injunction secured by the Deputy Governor and report any judicial officer who might have abused his office in granting the unconstitutional ex-parte injunction to the appropriate institution for necessary disciplinary action.
“In conclusion, the House wishes to assure the general public that it would proceed with the legislative process to a logical conclusion, but in doing so, will strictly follow the Constitutional procedures. The House will not abdicate or compromise its sacred constitutional duty to hold elected public officers accountable, particularly where there are prima facie serious allegations of corruption and abuse of power levelled against the Deputy Governor in this case.”
Aiyedatiwa had, in a motion on notice marked: FHC/ABJ/CS/1294/2023, sued the Inspector-General of Police and the Department of State Services among others.
Also joined are Akeredolu, Speaker of the House of Assembly, Chief Judge of Ondo State, and the House of Assembly as 1st to 6th respondents respectively.
In the application dated and filed by Mr Adelanke Akinrata on September 21, Aiyedatiwa sought four reliefs.
The judge further made an order of interim injunction restraining Akeredolu, his servants, or privies from harassing, intimidating, embarrassing, and preventing Aiyedatiwa from carrying out the functions of his office as deputy governor of Ondo state.
Justice Nwite, who granted all the reliefs adjourned the matter until October 9 for a hearing.
Aiyedatiwa had, also in another suit marked: AK/348/2023 asked the High Court in Akure to stop the state’s house of assembly from proceeding with the impeachment proceedings against him pending the hearing and determination of the suit filed in the court on Monday.
Impeachment: Aiyedatiwa’s kinsmen protest, say deputy governor can’t be removed
26th September 2023.
As reported by The Punch, hundreds of indigenes of Ilaje communities in Ilaje Local Government Area of Ondo State, had on Tuesday, stormed Akure, the state capital to protest against the ongoing impeachment process on their kinsman.
The protesters, who gathered in front of the entrance of the Assembly gate with leaves in their hands, were chanting various solidarity songs to express their support for the embattled deputy governor.
Some of them carried placards with various inscriptions such as, ‘Justice for Lucky, Lucky is innocent’, ‘Stop alleging him wrongly, “Ilaje Nation stands with Aiyedatiwa,’ “Aketi, Lucky is not your enemy,’ ‘Let Lucky finish his term,’ among several others.
The protesters alleged that the impeachment proceeding was a plot to take Aiyedatiwa out of the race of the 2024 governorship election in the state.
Speaking on the development, one of the leaders of the protesters and founder of the Ilaje World Congress, Mr Ola Juda, declared that the indigenes of Ilaje would not accept the impeachment move against Aiyedatiwa.
He alleged that the protest was not only organised by the Ilaje people but also by other people across the state who were not pleased with the action of the state House against the deputy governor.
He said, “This gathering is the gathering of sons and daughters of Ilaje land; not only Ilaje, we have other sympathisers from Akure and Ese-Odo Idanre areas that have come together to protest against injustice and the battle that is going to erupt in Ondo State. The peace of Ondo State is being threatened by the actions of the Ondo State House of Assembly.
“Ilaje has been without light for the past few days. The House of Assembly cannot pass a bill to quicken the authorities to make sure there’s light on Ilaje land. The whole of Ilaje land is about to be taken away, by the ocean, every part of Ilaje is gone due to the oil exploitation in our area, and yet the Ondo Assembly cannot pass a bill that will enhance the development in the community.
“For the past decades, an Ilaje man had never been a deputy governor but for the first time, we have a deputy governor, and yet the power that be has vowed that he will not finish his tenure. Aketi/Lucky mandate was given to both of them and if Aketi is still the governor of Ondo State, our own mandate as the deputy governor still remains.
“Any of the members of the House of Assembly from Ilaje land that signs any motion of impeachment against Lucky Ayiedatiwa, against the Ilaje mandate, is on his own; the Ilaje people have not sent him to sign anything; they haven’t told us that Lucky has done anything bad.
“The cabals have come together to say that Lucky beats his wife, and now they say it is gross misconduct. They would later say he wants Aketi (Akeredolu) to die. Did Agboola also want Aketi to die? Now, it is Lucky that wants Aketi to die. Anybody should not tamper with the mandate of Ilaje. If you think you can chase Lucky, don’t worry; we will pay you back next year in the same coin.”
However, no member of the House got out to address the protesters but the Akure Area Commander of the state police command, Mr. Nzota Chidi, advised the protesters to be peaceful in order not to be hijacked by miscreants.
The assembly said on Monday that it had served an impeachment notice on the Deputy Governor
Swiftly, Aiyedatiwa, asked the Ondo State High Court to stop the Assembly from proceeding with the planned impeachment proceedings against him, pending the hearing and determination of the suit.
Simultaneously, a group under the auspices of Ondo Redemption Front (ORF), has called on the National Assembly to intervene in the alleged impeachment process by the state Assembly against Aiyedatiwa.
Speaker of the State Assembly, Olamide Oladiji, told reporters in Akure that Aiyedatiwa was served on Monday through substituted service.
The Assembly, had last Wednesday at plenary session, directed the clerk to write the deputy governor on alleged gross misconduct.
Oladiji also alleged a threat to his life due to fetish objects dropped at the entrance to his official lodge on Monday, calling on the people of the state and security agencies to track the perpetrators.
He said: “Very early this morning, when I was about going out, I saw an object in front of my lodge. These threats started since the day we started the impeachment process. I have been receiving strange calls.
“My life has also been under serious threat from unknown people. I want to call on the people of Ondo State and security operatives to track these people down,” he said.
However, in Suit No. AK/348/2023 filed at the High Court in Akure on Monday, the deputy governor sought a declaration that the Assembly was not competent to proceed on his impeachment in breach of his constitutional and fundamental rights to fair hearing.
He contended that the sacking of his media aides and subjecting him to the Ministry of Information headed by a commissioner amounted to a breach of his rights and privileges as a deputy governor.
He sought a declaration that his office, tenure, status, rights and privileges were protected, guaranteed and secured by the Constitution, and the declaration that in the determination of his civil rights and obligations as a Deputy Governor of Ondo State by the House of Assembly, he is entitled to a fair hearing and that given the utterances and conduct of the House of Assembly so far, there is likelihood of bias against him in the impeachment process.
According to him, in conducting media trials against him without serving him with any notice of gross misconduct, the House Assembly has constituted itself into accuser, investigator, prosecutor and judge.
Aiyedatiwa then sought orders of injunction to stop the House of Assembly from initiating, continuing or proceeding with the process of his removal from office as the deputy governor of Ondo State.
He further sought an order to stop the Chief Judge of Ondo State from accepting or acting upon any request from the House of Assembly of Ondo State to set up any panel to investigate any acts of gross misconduct against the Deputy Governor.
Named as defendants in the suit filed by human rights lawyer, Ebun-Olu Adegboruwa, SAN, were the Ondo State Government, the Governor of Ondo State, Ondo State House of Assembly, Speaker of Ondo State House of Assembly, Clerk of Ondo State House of Assembly and Chief Judge of Ondo State.
In the affidavit in support of the originating summons, it was stated that the Assembly embarked upon a media trial of the deputy governor purely to scandalise him and incite public opinion against him when indeed no notice of acts of alleged gross misconduct was served on him.
He also accused the Assembly of persecuting him without lawful basis in conspiracy with certain persons who are gladiators in political circles.
Besides, the deputy governor said all attempts made to serve the court processes on the House of Assembly had so far been rebuffed, as policemen at the gate denied access to the court bailiff and also counsel from the office of solicitors to the Claimant.
He narrated his loyalty since he assumed office in the face of the health challenges of Governor Akeredolu and how he led the state in prayers for the recovery of the governor.
The Deputy Governor denied any act of wrongdoing, stating that he has been loyal to the governor all through their tenure.
In a letter dated September 25, 2023, from the Chambers of Ebun-Olu Adegboruwa (SAN) and Co. and delivered to the office of the Chief Judge of Ondo State, copies of the court processes were duly attached for the information of the Chief Judge.
Meanwhile, ORF, a group of professionals of Ondo descent, said NASS intervention was necessary in the overriding interest of the people of the sunshine state and the country at large.
Chairman of the group, Ayodeji Ologun, at a press conference in Akure, said the real issue, as regards the alleged impeachment of Aiyedatiwa, was not about accountability as they want the public to believe, but a vendetta by a class of crass opportunists, who have unfettered access to the resources of the state occasioned by the incapacity of the governor.
“Also, worthy of mention is the fact that since the return of Mr. Akeredolu and his refusal to resume at his official duty post for the governance of the state, a situation that is causing serious apprehension in the state, the state House of Assembly has not been helping matters.
“Rather, the Ondo State House of Assembly, has decided to add salt to injury by instigating violence, anarchy and orchestrating breakdown of law and order by embarking on unjustified and unwarranted process of impeachment of the Deputy Governor Mr. Lucky Aiyedatiwa,” he said.
